Bankruptcy Attorneys Posing as Debt Relief Companies

In 2004, the FTC issued an alert to consumers to avoid bankruptcy attorneys posing as debt relief companies. Some of the reason for confusion comes from the fact that under the BAPCA (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) all bankruptcy law firms are called debt relief agencies. This, together with crafty marketing and sales pitches, left many consumers thinking they had signed up for a debt negotiation or counseling program. Among some of the different deceptive marketing pitches:

“Consolidate your bills”. This is referring to a Chapter 13 bankruptcy plan where all of your debt is consolidated into one payment made to a court trustee, who in turn distributes a set amount each month to every creditor. This isn’t exactly the debt consolidation that most consumers have in mind, many thinking they were enrolling in credit counseling, debt settlement, or perhaps just a simple bill pay program.

“Stop wage garnishments.” This refers to the “automatic stay” in bankruptcy proceedings. The “automatic stay” is the most powerful aspect of filing bankruptcy, and it forces all creditors to immediately stop any collections activities after you’ve filed bankruptcy. Wage garnishment is only possible to stop through negotiation and settlement of your debt, or more commonly, bankruptcy.

“Wipe out your debts.” Unfortunately, whether you enroll in debt reduction or credit counseling, you will still have to pay back at least a portion of your debt. Chapter 7 bankruptcy is the only weapon that a consumer has to completely “wipe out your debts”, but of course, it comes at the price of your non-exempt assets and your long-term credit. It is for these reasons that most consumers choose to avoid bankruptcy, or at least use it as a last resort. “Use federal law to protect you.” Bankruptcy is after all a federal proceeding and for seriously overwhelmed consumers on the verge of foreclosure, utility shut-offs, or wage garnishment, it may be your best option. It does not, however, provide debt relief for most student loans or tax obligations, as well as child support or alimony.

If you would like to get some information about our bankruptcy alternative, call (877) 274-1260 or fill out this form, or you can fill out a form and we’ll contact you as soon as possible.